Q: Is it legal for a hs officer -who did not witness the event- to issue a county citation on the word of a teacher?
They attempted and succeeded in entrapment for this minor once in the administrations waiting room-they used this tobacco device, the student willingly turned over to them when asked, to bait him into explaining how this device turns on/off ! He responded with ‘i dont know’ he was then pressed again and again until finally responding ‘ i think you do such n such’ - after that kaboom - out comes the officers citation, the schools tobacco use class papers , ding on his school records-the works . His innocence, and accuracy about the event held no weight for this eager crew to set an example apparently- my question is were the chronological events here legal? Handed a vape device while using the bathroom, caught by unknown teacher immediately walking in, escorted to office, hands in device - charged with tobacco vapeing at school minor-
A:
I understand your frustration, but this is more complex of a situation than can be handled via this type of online forum. You do not state your relationship to the minor, but if you desire to do something the clock is ticking as the schools policies and procedures likely set a short window of time to file for an appeal. You need to consult with an attorney in your area familiar with dealing with school discipline issues or a criminal defense attorney.
Good luck.
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